Volusia County considers limiting fertilizer to protect waterways

After review, restrictions could be added to the state's model ordinance: requiring slow-release fertilizer and banning phosphorus.

By Dinah Voyles Pulverdinah.pulver@news-jrnl.com

The Volusia County Council will consider following the lead of cities and counties along the Indian River Lagoon system by adopting a countywide fertilizer ordinance at its April 3 meeting. For now, based on a March 6 council vote, the county expects to approve a model ordinance provided by the state of Florida. However, county officials also will ask the state to review two more restrictive items that could be added to the ordinance: a requirement for slow-release fertilizer and a ban on phosphorus. The purpose of the ordinance, county officials said, would be to protect the quality of the groundwater and waterways, such as Mosquito Lagoon, St. Johns River and the springs: Blue, Gemini, Green and DeLeon. County environmental officials said studies have shown excessive amounts of nitrogen and phosphate found in fertilizers can have harmful impacts in springs and other waterways.The Council voted five to one in favor of the changes at its March 6 meeting. Councilman Josh Wagner, who originally proposed the fertilizer ordinance, voted against the ordinance, saying he wanted to see exemptions for licensed applicators, such as lawn maintenance companies. That same day, the Brevard County Commission voted unanimously to adopt a more restrictive fertilizer ordinance, after a lengthy contentious debate.The Brevard action follows votes by other cities and counties over the past six months as local governments reacted to the developing crisis in the Indian River Lagoon system. Since 2011 the Lagoon has experienced waves of heavy toxic algae blooms, the loss of 47,000 acres of sea grass and the unexplained deaths of hundreds of dolphins, manatees and pelicans.The new Brevard ordinance banned the use of fertilizers with nitrogen or phosphorus on landscape plants and turf grass between June 1 and Sept. 30, expanded the fertilizer-free zone along waterways from 10 to 15 feet, stipulated that only no phosphate fertilizer can be applied to turf or landscape plants without a soils deficiency test and eliminated an exemption for golf courses, parks and athletic fields.At the Volusia Council meeting earlier this month, more than a half-dozen speakers addressed the Volusia council on its fertilizer proposal. “I’m fully in favor of action to protect our groundwater,” said Eli Schaperow, a retired Deltona Realtor. Janet Marks of Orange City spoke in favor of preventing nutrient runoff into impaired waterways. Clean water, Marks said, is “crucial to our existence and long-term health.” However, representatives of several local pest management companies lobbied the Council to adopt the state model fertilizer ordinance without any additional restrictions. The ordinance was developed by the department and a group of stakeholders in 2010.Allen Fugler, executive vice president of the Florida Pest Management Association, commended the county for considering and adopting the model ordinance. He said the model ordinance is based on science, but contended additional restrictions are not. Margaret Gillen of DeLand, an at-home gardener, sided with the commercial applicators and said the county has enough rules. However, among those lobbying in favor of a strong fertilizer ordinance was Michael Juchnowicz, owner of Garden Masters of Southwest Florida, who has worked under a variety of fertilizer ordinances for several years. He said he now uses less fertilizer, insecticide and pesticides, which saves money, but his clients still have “green and lush lawns.” “Can companies be successful,” Juchnowicz asked. “The answer is yes they can.” In general the debate over whether science supports more restrictive fertilizer rules has been contentious. Councilman Doug Daniels has asked the county staff to provide some additional information about fertilizer ordinances and some of the apparent conflicts between research studies about the impacts of summertime fertilizer use. State officials said their role in reviewing Volusia’s proposed ordinance, including the two additional measures to limit phosphorus and require slow-release fertilizers, would be to ensure the proposals aren’t any less restrictive than the state model. The review is required any time local governments consider adopting any elements more restrictive than the model. Department spokeswoman Dee Ann Miller said typically local governments will ask about any potential impacts or unintended consequences from additional ordinance provisions. In counties with impaired watersheds, fertilizer ordinances are required to be at least as strict as the state model ordinance, she said, but counties are allowed to adopt more restrictive ordinances.